Welcome to the website or mobile app operated by Tregaskiss, a division of ITW Canada, Inc. and Bernard, a Division of Miller Electric Mfg. LLC (“Tregaskiss,” “Bernard”, “we,” “us,” or “our”). This website or mobile app (the “Website”) provides general information about Tregaskiss, Bernard and its products and services, free of charge to our users.
USE OF THE WEBSITE
You agree to use the Website only for lawful purposes:
- Specifically you agree not to do any of the following: (1) upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept communications not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit via the Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Tregaskiss and Bernard, may harm Tregaskiss and Bernard or users of the Website or expose them to liability.
- Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available portion of the Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Tregaskiss and Bernard, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Tregaskiss and Bernard. You understand and acknowledge that you are responsible for whatever content you submit, and that you, not Tregaskiss and Bernard, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website. You grant to Tregaskiss and Bernard the right to use all content you upload or otherwise transmit to the Website in any manner Tregaskiss and Bernard chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
- Tregaskiss and Bernard reserves the right, but does not assume any responsibility, to (1) remove any material posted via the Website which Tregaskiss and Bernard, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Tregaskiss and Bernard has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Website. However, Tregaskiss and Bernard can neither review all material before it is made available on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Tregaskiss and Bernard assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Tregaskiss and Bernard reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, Tregaskiss and Bernard has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
- Your failure to comply with the provisions of (A) or (B) above may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Tregaskiss and Bernard or its licensors and are protected by Canada and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Tregaskiss and Bernard. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material provided by this Website without the prior written consent of Tregaskiss and Bernard, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser or device for display enhancement purposes, and (c) print a reasonable amount of information from this Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Tregaskiss and Bernard or the applicable owner of such content. Except as expressly authorized by Tregaskiss and Bernard in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any material provided by this Website, (ii) access to this Website, or (iii) use of this Website or of any Tregaskiss and Bernard services or materials made available through this Website.
Tregaskiss®, TOUGH GUN®, TOUGH GUN I.C.E.®, AccuLock™, TOUGH LOCK®, TOUGH GARD®, QUICK LOAD®, AutoLength™ and other names are trademarks of Tregaskiss, a division of ITW Canada Inc. Bernard®, TGX®, Clean Air™, Dura-Flux™, W-Gun™, T-Gun™, Centerfire™, Quik Tip™, Shortstub™ and other names are trademarks of Bernard, a division of Miller Electric Mfg. LLC.
The trademarks noted above and the Tregaskiss and Bernard logos and all related product and service names, designs and slogans on our Website are trademarks of Tregaskiss and Bernard or its affiliates. You may not use such marks without Tregaskiss and Bernard prior written permission. All other names, brands and marks not owned by Tregaskiss and Bernard are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
DEALINGS WITH THIRD-PARTY MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge and agree that Tregaskiss and Bernard is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Tregaskiss and Bernard will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website.
LIABILITY OF TREGASKISS, BERNARD AND ITS LICENSORS
Tregaskiss and Bernard does not assume any liability for the materials, information and opinions provided on, or available through, the Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. To the extent permitted by law, Tregaskiss and Bernard disclaims any liability for injury or damages resulting from the use of any Site Content.
THE WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE (EXCEPT TO THE EXTENT THE PRODUCT OR SERVICES ARE COVERED BY A WARRANTY IN TREGASKISS AND BERNARD’S TERMS AND CONDITIONS OF SALE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS REQUIRED BY LAW, NEITHER TREGASKISS AND BERNARD NOR ANY PERSON ASSOCIATED WITH TREGASKISS AND BERNARD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER TREGASKISS AND BERNARD NOR ANYONE ASSOCIATED WITH TREGASKISS AND BERNARD WARRANTS OR REPRESENTS THAT THE WEBSITE, THE SITE CONTENT OR OTHER SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SOFTWARE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE EXTENT PERMITTED BY LAW, TREGASKISS AND BERNARD DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL TREGASKISS AND BERNARD OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SITE CONTENT, ANY OTHER SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE OR SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY TREGASKISS AND BERNARD AND WHETHER OR NOT TREGASKISS AND BERNARD HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SUBMISSION OF PERSONALLY IDENTIFIABLE INFORMATION TO TREGASKISS AND BERNARD/PROTECTION OF PERSONAL INFORMATION
COMMENTS AND SUBMISSIONS
Tregaskiss and Bernard welcomes your comments. All comments, suggestions or other information sent by you to this Website will become Tregaskiss and Bernard property, and you agree that all intellectual property rights therein are transferred to Tregaskiss and Bernard. You understand that any postings to publicly available portions of the Website are non-confidential for all purposes and otherwise governed by the Use of the Service section appearing above.
LINKS TO OTHER SITES
The Website may provide links to other web sites on the Internet. Tregaskiss and Bernard is not responsible for and does not endorse the content, products or services of any third-party websites, including, without limitation, sites framed within the Website or third-party advertisements presented within the Website, and Tregaskiss and Bernard does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for each such web sites.
The owner of this Website is based in the Province of Ontario, Canada. Tregaskiss and Bernard makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.
CONTACT/DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Tregaskiss and Bernard to locate the material;
- Information reasonably sufficient to permit Tregaskiss and Bernard to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to our DMCA Agent as follows at:
For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Tregaskiss and Bernard by emailing or writing to:
2570 North Talbot Road
Windsor, Ontario, Canada N0R 1L0
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may be rejected as invalid.
Last updated: December 9, 2020